Notable Cases & Settlements

For over 45 years the firm has prosecuted and defended some of the most high profile cases in the country. A few examples of successes in each practice area are below.

ANTITRUST

Freight Forwarders Antitrust LitigationUSDC, Eastern District of New YorkCPM is Co-Lead Counsel for Direct Purchasers of Freight Forwarding services in the United States and filed a complaint alleging that the major providers of Freight Forwarding conspired to fix the prices of such services in violation of U.S. federal antitrust law (15 U.S.C. § 1). CPM’s diligent efforts have already led to settlements with 10 Defendants for the benefit of the class. CPM, along with co-counsel, have moved for Court approval for these 10 settlements which total a minimum of $105 million. For additional information regarding the current settling Defendants, description of the case and how a potential class member can make a claim, please follow this link: https://www.freightforwardcase.com

International Air Transportation Surcharge Antitrust LitigationUSDC, Northern District of CaliforniaOn October 3, 2008, Judge Charles R. Breyer of the Northern District of California gave final approval to settlements with Defendants Virgin Atlantic Airways, LTD and British Airways Plc worth approximately $204 million. The settlements resolve price-fixing claims of qualifying purchasers of long-haul air travel from Virgin Atlantic or British Airways, in both the United States and the United Kingdom under U.S. federal antitrust laws (1 U.S.C. §1) and the antitrust laws of the United Kingdom and European Union. Plaintiffs allege that the British Airways and Virgin Atlantic, which dominate the market for long-haul flights between the United States and United Kingdom and between the United Kingdom and other destinations, conspired to fix the fuel surcharges charged to passengers on such flights. Members of the settlement classes that submit claims will be refunded 33.3% of the fuel surcharges they paid on qualifying flights.

In re: Static Random Access Memory LitigationUSDC, Northern District of CaliforniaCPM secured $77 million in settlements in the Static Random Access Memory (“SRAM”) price-fixing case. The final settlement was reached hours before the trial was to begin. SRAM is a memory product used worldwide in computers, cell-phones and communications equipment. Important legal rulings were reached on cutting edge issues such as the extent to which the United States antitrust laws apply to foreign conduct, standing of class representatives and the proper showing for class certification.

E&J Gallo Winery v. EnCana Energy Services, et al.USDC, Eastern District of CaliforniaCPM successfully represented E. & J. Gallo Winery in an antitrust action against natural gas companies for manipulating energy prices, which led to the 2000-2001 California energy crisis, in which energy companies not only gouged the State of California and its residents of billions of dollars but led to rolling blackouts throughout California. E. & J. Gallo Winery is one of the largest natural gas users in the State of California and it suffered millions of dollars in losses. CPM’s aggressive prosecution of this case resulted in the case settling on the eve of trial for a substantial sum. CPM’s efforts led to the landmark Ninth Circuit opinion on the filed rate doctrine at E. & J. Gallo Winery v. EnCana Corporation, 503 F.3d 1027 (9th Cir. 2007)

Kopies, Inc. v. Eastman Kodak Co.USDC, Northern District of CaliforniaCPM successfully prosecuted an antitrust class action on behalf of copier service firms against parts manufacturer for illegal tying of products and services.

In re Dynamic Random Access Memory (DRAM) Antitrust LitigationUSDC, Northern District of CaliforniaCPM served as one of the class counsel in a multidistrict litigation arising from the price-fixing of DRAM, a form of computer memory. Shortly before the scheduled trial, class counsel reached settlements with the last remaining defendants, bringing the total value of the class settlements to over $325 million.

AVIATION

Alaska Airlines MDL No. 1343USDC, Northern District Court of CaliforniaRepresenting victims of the crash of Alaska Airlines Flight 261 in January 2000 off the coast of Southern California.

Singapore Airlines MDL No. 1394Thomas v. Singapore AirlinesUSDC, Central District Court of CaliforniaRepresenting victims of the October 2000 crash of a Singapore Airlines passenger jet in Taiwan in which 83 people were killed and dozens injured.

Bell Helicopter LitigationUSDC, Northern District of TexasThis case involved pursuit of a claim for product liability in the design of the engine shroud incorporated into a Bell helicopter, which crashed in the jungle of New Guinea killing a Chevron executive. The suit was on behalf of the wife and children of the executive and against the helicopter manufacturer and the French company, which supplied the component parts.

PSA Flight 1771 Los Angeles County Superior Court Represented victims of the December 1989 air crash of a PSA jetliner near San Luis Obispo. The case was unique due to the focus on breaches of security by the airline and airport security, which permitted a disgruntled former airline employee to by-pass security with a gun later used to kill the pilot and crew during flight.